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1995 Supreme(Guj) 209

R.K.ABICHANDANI
JORABHAI HIRABHAI RABARI – Appellant
Versus
DISTRICT DEVELOPMENT OFFICER MEHSANA DIST – Respondent


Advocates Appeared: B.BHAMBHANIA, B.S.PATEL

R. K. ABICHANDANI, J.

( 1 ) ). The petitioner who is suspended Sarpanch of Aedla Gram Panchayat challenges the orders made under Section 59 (1) and 59 (3) of the Gujarat Panchayats Act 1993 suspending him from office of the Sarpanch on the ground that criminal proceedings in respect of offences involving moral turpitude have been instituted against him.

( 2 ) ). The allegation is made against the petitioner in the F. I. R. lodged on 7th July 1993 a copy of which at Annexure C is that the petitioner armed with a dharia along with other persons who were also armed with dharia and sticks came to the house of the complainant-Gopalbhai so Naranbhai and started abusing Gopalbhai on the issue of his nephew having not withdrawn the complaint of the theft of buffalo and attacked Gopalbhai and his daughter. It is alleged in the complaint that the petitioner and Amu Jora who had dharia and others who had sticks attacked the complainant and gave a blow on his head as a result of which he had fallen down. Others who had tried to intervene were also attacked by these persons. It was also alleged that they were threatened that they would be finished if the complaint regarding theft of a buffalo in





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